People v. Hubener
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Vaccaro, J.), rendered December 13, 1985, convicting him of robbery in the first degree (two counts), upon a jury verdict and imposing sentence. The appeal brings up for review the denial of those branches of the defendant’s motion which were to suppress identification testimony.
Ordered that the judgment is reversed, on the law and the facts, that branch of the defendant’s omnibus motion which was to suppress Michael Dwyer’s out-of-court identification of the defendant is granted, the matter is remitted to the Supreme…
2Cases cited5 opinions
- People v. AdamsNew York Court of Appeals · 1981
- People v. AndersonNew York Court of Appeals · 1965
- People v. FernandezAppellate Division of the Supreme Court of the State of New York · 1981
- People v. FordAppellate Division of the Supreme Court of the State of New York · 1984
- People v. MercadoAppellate Division of the Supreme Court of the State of New York · 1978
3Cited by10 opinions
- People v. AyalaAppellate Division of the Supreme Court of the State of New York · 1988
- People v. PetersonAppellate Division of the Supreme Court of the State of New York · 1989
- People v. RayfordAppellate Division of the Supreme Court of the State of New York · 1990
- People v. ClarkAppellate Division of the Supreme Court of the State of New York · 1989
- People v. FosterAppellate Division of the Supreme Court of the State of New York · 1994
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